Will Utah lawmaker face charges for sharing protected information on transgender athlete cases?

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A state lawmaker shared protected information — in apparent violation of the law she crafted — when she commented publicly about the determinations made in cases where transgender high school athletes in Utah have petitioned to compete. And it’s possible that Rep. Kira Birkeland, R-Morgan, could face criminal charges for that.

“Any time there’s a violation of the law, we’re happy to review those matters once they’re brought to us,” the Salt Lake County district attorney said when asked about Rep. Kera Birkeland’s post.

Gill said if complaints don’t come in, he also would consider starting the process himself to look at the situation, which he has the jurisdiction to do. But House Minority Whip Jennifer Dailey-Provost weighed in, saying in a statement, “We’re consulting with legal counsel to assess the extent of discussion surrounding post and its impact,” adding that she supports calls for Cline’s impeachment.

Responding to the post, Birkeland wrote that Cline’s comments were “in poor taste” and that the school board member should let the “laws regarding student athletics” play out instead of trying to personally police students’ bodies.It is an outright ban on transgender girls competing on girls’ teams in Utah high schools.

The law notes that any determinations made by the commission are done so in closed session and are to be shared only with the athlete and their local athletic association for purposes of confirming eligibility to play.

 

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